implied consent

Implied consent is an assumption of permission to do something that is inferred from an
individual's actions rather than explicitly provided.

In the context of commercial email and text messages, for
example, implied consent may be assumed by the senders because the recipient purchased a product
from the sender's website or volunteered with the sender's charitable organization
recently.

Implied consent is a fairly broadly-applied legal concept. Here are a few examples in other
contexts:

Drivers are assumed to consent to blood alcohol testing. The inference is that the driver
understands that driving under the influence is illegal and that they may be subject to
testing.

If an individual rolls up their sleeve for an injection or to have their blood pressure tested,
they are assumed to have given consent and have no legal grounds to claim it was done against their
will.

In court, if an individual fails to object to a line of questioning within a reasonable time
span, implied consent is assumed and they will not be able to object to it in the future.

Implied consent contrasts with express consent, which is explicit verbal or written permission.
Anti-spam regulations, such as CAN-SPAM and CASL,
differentiate between implied consent and express consent. As a rule, email senders have much
greater latitude if recipients have explicitly consented to receive their mailings.

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